Nothing is more crucial than making arrangements for your loved ones’ care after you pass away. However, many of us tend to neglect making these arrangements. You’re not alone if you feel like you’re about to make the most important choice of your life, whether it’s for your children or for someone else you’re responsible for, such as an elderly parent or a dependent with disabilities.
Making arrangements for your loved ones is an important aspect that cannot be ignored. It must be taken seriously and you will need to specify how your loved ones will be cared for in case you are incapacitated or you lose your life!
What is Guardianship?
A guardian is someone who is appointed by a court or identified in a document appointing a guardian to make decisions on behalf of someone unable to do it for themselves. Giving consent to medical care; buying or arranging purchase of necessities such as food, clothing, household items, and other personal items; education; and managing finances and bank accounts, investing, and so on are examples of such kinds of decisions.
When the ward is unable to act for himself or herself, guardianship needs someone to act on his or her behalf and safeguard the ward. When a prospective ward is incapable and unable to make choices for himself or herself due to mental or physical impairment, sickness, or addiction to alcohol or other substances, the court may appoint a guardian. Acquiring guardianship of an incompetent ward is a massive responsibility, therefore knowing what duties you have is critical.
Types of Guardians
- Full Guardianship
Full guardianship implies total accountability and decision-making authority over another individual for all financial, legal, and personal aspects.
- Limited Guardianship
Generally speaking, it refers to a person’s duty for certain requirements, such as property and/or healthcare.
- Joint Guardianship
implying that more than one guardian would be selected.
Testamentary vs. Temporary Guardianship
In the case that one or both parents die, a testamentary guardianship is established. These are usually established in a will when parents specify who they want to be appointed as guardians for a minor kid or adult child with disabilities who require oversight.
If the parents die while the kid is still a minor or incapacitated, the court will decide whether the parents’ testamentary guardianship selection is available or acceptable. The court will appoint a new guardian if the chosen guardian is incapable, unwilling, or proven incompetent to be a guardian. In that instance, the state court will normally appoint guardians using the same judicial process as when there is no will to specify a preference.
Temporary or restricted guardianships are permitted under several state legislation. The courts typically award temporary guardianships to achieve a certain goal for a set period. The guardianship is dissolved after the goal has been met.
Serving as a guardian for a child or adult is critical to the ward’s well-being. It is a responsibility that should not be handled lightly. Ward K Johnson offers a team of knowledgeable and experienced family law attorneys that can help you through this process.